Category: Judicial Review
Alleged breach of integrity in the Grade 5 Scholarship Examination
The analysis of the consolidated judgment of four fundamental rights applications filed under Article 126 read with Article 17 of the Constitution of Sri Lanka. These cases address the alleged breach of integrity in the Grade 5 Scholarship Examination held on September 15, 2024, due to leaked questions. The petitioners argue that this breach infringed…
False declarations under Section 52 of the Customs Ordinance
Background Facts Legal Issues Court’s Analysis Decision Conclusion This case reinforces the principle that Customs authorities can pursue penalties for false declarations under Section 52, irrespective of prior amendments to declared values. It also underscores the importance of procedural fairness during inquiries, which the court found was adequately maintained. Read Full Judgement
Disputes over the liquidation process and the sale of company property
1. Introduction Ms. Daisy Pieris and Others V H.A. Pieris and Others. Court of AppealCA/Leave to Appeal/69/2006, Section 255 (c)and (f) of the Companies Act 17 of 1982 – Laches- Once a Winding up Order is made, the Directors cease to be in control of the Company – new ground cannot be considered for the first time…
Judicial intervention sought in the school admission process
This case delves into the judicial intervention sought in the admission process for Royal College, Colombo 07, focusing on the denial of a Grade 1 admission in 2014. The petitioner invoked the writ jurisdiction under Article 140 of the Sri Lankan Constitution, seeking to compel public authorities to fulfill their administrative obligations. 1. Case Information…
Forfeiture of gratuity payments due to allegations of fraud
Background of the Case This case emerged from a grievance over the forfeiture of gratuity payments due to allegations of fraud and misappropriation involving the 5th Respondent, an employee terminated by Lanka Milk Foods. The core issue was whether the forfeiture of gratuity was valid under the Payment of Gratuity Act, No. 12 of 1983, and…
Res Judicata and Estoppel
Case Title: Azem Morina v. Saman Weranjan Kasthurirathna and Tea Masters Ceylon (Pvt) Ltd Case Number: SC CHC Appeal 10/2015 Court: Supreme Court of Sri Lanka 1. Case Overview: Parties Involved: Nature of the Case: This case concerns a failed commercial transaction involving the export of tea. The Plaintiff-Appellant sought to recover funds remitted to the Defendants-Respondents, along with…
Failure of Consideration and Breach of Duty of Care
This report analyzes the Supreme Court appeal concerning a dispute between the Hong Kong and Shanghai Banking Corporation Limited (“Respondent”) and Pratap Shyam Sunder Singh (“Appellant”). The case revolves around a housing loan agreement, default on repayment, and claims of negligence and breach of duty of care. SC (C.H.C.) Appeal No. 62/2012 Key Facts Issues…
Misapplication of the burden of proof
This appeal was filed to challenge the conviction and sentence imposed by the High Court of Matale on the appellant for the offense of rape of a girl under 16 years of age. The High Court had convicted the appellant despite numerous inconsistencies in the evidence of the prosecution witnesses and alleged procedural errors. Case…
Balancing Legal Enforcement and Justice: Analysis of the NATA Act Revision Case
1. Case Background Court of Appeal Case: CA/PHC/APN/0086/2023 Petitioner: D.S. Gunasekara (Pvt) LtdRespondents: Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaNature of Application: Revision under Article 138 of the Constitution Core Issue: The petitioner sought to challenge the decisions of the Magistrate’s Court of Anuradhapura and the Provincial High Court, which refused…
Cancellation of the registration of Craig Estate Tea Factory
1. Case Background Petitioner: Maskeliya Plantations PLCRespondents: Sri Lanka Tea Board, Jayampathy Molligoda (Chairman), Anura Siriwardena (Director General), E.A.J.K. Edirisinghe (Tea Commissioner) Court of Appeal Case: CA (Writ) Application No. 337/2020 Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaNature of Application: Writs of Certiorari and Prohibition under Article 140 of the Constitution…
Arbitration and Public Policy
Judicial Analysis of Supreme Court Appeal No. 155/2023: Arbitration and Public Policy Background of the Case: This case pertains to an appeal filed by the Respondent-Petitioner-Appellant, Ceylon Electricity Board (CEB), challenging an arbitral award dated October 29, 2013. The arbitral award was in favor of the Claimant-Respondent-Respondent, Heladhanavi Limited. The matter concerns a Power Purchase Agreement…
Mismanagement of collapsed finance companies under the Ceylinco Group
Case: S.C. (FR) Nos. 263/2009 and 262/2009 Parties Involved: Case Background: The case arose out of the collapse of several finance companies under the Ceylinco Group, resulting in substantial financial losses for depositors. The Petitioners alleged fraudulent practices by company directors and managers, including mismanagement of funds, misleading depositors, and failing to uphold fiduciary duties.…
Defects of the Appeal filed in the name of a deceased person
1. Case Background Plaintiff-Appellant: Domingo Hewage GunapalaSubstituted Plaintiff-Appellant-Respondent: Domingo Hewage Premachandra2nd Defendant-Respondent-Petitioner: Upali Gunasekera (substituted by Palm Paradise Cabanas (Pvt) Limited) Court: Supreme Court of the Democratic Socialist Republic of Sri LankaCase Origin: District Court of Tangalle (Case No. 2218/P) Core Issue: The appeal was brought before the Supreme Court challenging a judgment of the Court…
Dispute over promotion and alleged infringement of fundamental right to equality
1. Case Background Petitioner: Weerasuriya Arachchige Leela WeerasuriyaRespondents: People’s Bank and associated officialsNature of Application: Fundamental Rights application under Articles 17 and 126 of the Constitution of Sri Lanka.Case Reference: S.C. (F.R.) Application No. 419/2015 Key Allegation: The petitioner alleged that her fundamental right to equality under Article 12(1) of the Constitution was violated when the…
Writ of prohibition, fraudulent or dishonest
Case Overview: The petitioner, Gowri Somasundaram, sought relief through a writ of prohibition in Court of Appeal Case: CA-WRT-229-23 to prevent her arrest under allegations of financial fraud related to a sum of Rs. 16,200,000. The case revolved around whether the transaction between the petitioner and the 2nd respondent, Suranjani Wickrameratne, was a commercial arrangement or involved criminal…